State Requirements

What Is E-Verify?

E-Verify is an online system operated by U.S. Citizenship and Immigration Services (USCIS). It cross-checks employee-provided information from Form I-9 against records from the Social Security Administration (SSA) and Department of Homeland Security (DHS) to confirm work eligibility.

Important Notes on E-Verify Compliance

• E-Verify does NOT replace Form I-9—you must still complete Form I-9 for every new hire.
• If you use E-Verify, it must be for ALL new hires, not selectively.
• E-Verify cannot be used as a pre-screening tool—you can only verify employees after they have accepted a job offer.
• Tentative Non-Confirmations (TNCs) must be handled correctly—you cannot fire or take adverse action against an employee based on a TNC alone.

States Where E-Verify Is Mandatory

E-Verify requirements vary by state. Some states mandate it for all employers, while others require it only for public contractors. Here’s a breakdown of where E-Verify is required in 2025:

States Where E-Verify Is Required for ALL Employers

These states mandate E-Verify for all private and public employers, regardless of size:

• Alabama
• Arizona
• Mississippi
• South Carolina
• Georgia (for employers with more than 10 employees)
• North Carolina (for employers with 25+ employees)
• Tennessee (for employers with 35+ employees)
• Utah (for private employers with 15+ employees)
• Florida (as of July 1, 2024, for employers with 25+ employees)

States Where E-Verify Is Required for Public Contractors & State Agencies

These states do not require E-Verify for all businesses, but they mandate it for state contractors, subcontractors, and government agencies:

• Colorado – Required for public contractors.
• Idaho – Required for state contractors and subcontractors.
• Indiana – Required for state/local government agencies and their contractors.
• Louisiana – Applies to contractors and subcontractors bidding on public works projects.
• Michigan – Required for state contractors and transportation department contracts.
• Minnesota – Required for public contractors with contracts over $50,000.
• Missouri – Applies to public employers and businesses awarded state contracts over $5,000.
• Nebraska – Mandates E-Verify for public contractors and businesses receiving tax incentives.
• Oklahoma – Required for state agencies, public contractors, and subcontractors.
• Pennsylvania – Required for public works contractors with projects over $25,000.
• Texas – Applies to contractors and subcontractors working with the transportation department.
• Virginia – Required for state agencies and public contractors with 50+ employees and contracts over $50,000.
• West Virginia – Required for state employers working on capitol grounds.

States That Restrict or Do Not Require E-Verify

While most states allow or mandate E-Verify, California is the only state that actively restricts its use.

• California – Prohibits state agencies and local governments from requiring private businesses to use E-Verify as a condition for contracts or business licenses. However, some cities and counties may have different requirements.

Note: While other states do not have statewide mandates, some local jurisdictions may impose E-Verify rules at the city or county level. Always check your local regulations.

Best Practices for Employers Using E-Verify

Even if your state doesn’t require E-Verify, you might still choose to use it. However, misusing E-Verify can lead to discrimination claims, audits, and penalties. Here’s how to stay compliant:

• Only run E-Verify AFTER the employee has completed Form I-9—never before hiring.
• Ensure consistency—if you use E-Verify, you must use it for all new hires, not selectively.
• Follow TNC (Tentative Non-Confirmation) procedures—give employees a chance to contest mismatches.
• Keep records—print and store E-Verify case results as part of your Form I-9 compliance.

Stay Compliant

E-Verify is here to stay, and state laws are evolving. Whether you’re required to use E-Verify or choose to enroll voluntarily, staying compliant is critical to avoid fines and legal trouble.

Need help managing I-9 compliance and E-Verify? i9 Intelligence provides cloud-based solutions that make the process seamless, secure, and stress-free. Contact us today to ensure your hiring practices meet federal and state regulations.